Siddharth International ... vs State Of Gujarat
2023 Latest Caselaw 8087 Guj

                                                                                   NEUTRAL CITATION




     R/CR.MA/2836/2023                                ORDER DATED: 06/11/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 2836 of
                            2023

                    In R/CRIMINAL APPEAL NO. 321 of 2023

                                       With
                         R/CRIMINAL APPEAL NO. 321 of 2023
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      SIDDHARTH INTERNATIONAL PROPRIETOR OF DHANPATMAL
                      CHANDMAL CHOPRA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR PARTHIV A BHATT(5331) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
MS DIVYANGNA P. JHALA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                  Date : 06/11/2023

                                   ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION NO. 2837 OF

1. This is an application preferred by the applicant-original

complainant under Section 378 of the Code of Criminal

Procedure, 1973, seeking leave of this Court to present an

appeal against the judgment and order of acquittal passed by

the learned 14th Additional Chief Judicial Magistrate Court at

Surat dated 7.11.2022 in Criminal Case No.7034 of 2020.

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R/CR.MA/2836/2023 ORDER DATED: 06/11/2023

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2. Heard learned advocates appearing for respective parties

and perused the impugned judgment and order of the trial

Court.

3. Learned advocate for the applicant submits that the Trial

Court had committed error in acquitting the respondent-

accused on two grounds viz. the complainant had not produced

any document to show that he is proprietor of Siddharth

International, having the locus to file complaint and the

complainant fails to establish financial capacity for lending the

money. Learned advocate for the applicant submits that

though initially five cheques were issued which were

dishonoured on depositing with the bank and for that, notice

was issued after receiving the notice, the respondent-accused

has approached to the complainant and taken back that five

cheques and issued the fresh cheques which are the subject-

matter of this complaint. Learned advocate for the applicant

submits that the Trial Court had observed while acquitting the

respondent-accused that the complainant had not produced

five cheques. Learned advocate for the applicant submits that

the complainant was not having that cheques, therefore, it

would not possible for him to produce the cheques as the

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R/CR.MA/2836/2023 ORDER DATED: 06/11/2023

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cheques were taken back by the respondent-accused after it

was dishonoured.

4. Learned advocate for the applicant draws the attention of

this Court with regard to the reasons mentioned while

acquitting the respondent-accused and submits that though

issuance of cheque and signature on the cheque is not

disputed by the respondent-accused, neither any defence was

established by the evidence which may be in the nature of

preponderance of probabilities. The Trial Court had acquitted

the respondent-accused and committed error.

5. In view of the above submissions, this Court deems fit to

allow this application for leave to prefer an appeal. Hence, this

application is allowed.

ORDER IN APPEAL No.321 OF 2023

The appeal is admitted. Learned APP Ms. Divyangna P.

Jhala waives service of notice of admission on behalf of

respondent State.

NEUTRAL CITATION

R/CR.MA/2836/2023 ORDER DATED: 06/11/2023

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Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees

Five Thousand Only) against the respondent-original accused.

In the meantime, R&P be called for. Registry is directed

to list this matter as per seriatim.

(M. K. THAKKER,J) Bharat